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A Libertarian

Posted by John Flanagan on Sunday, September 6, 2009

William J. Brennan (1906 – 1997) The Libertarian

In Memory of Senator Edward M. Kennedy ,Posted by John Flanagan on Sunday, September 6, 2009
New Jersey Supreme Court Judge William J. Brennan was appointed by President Dwight David “Ike” Eisenhower to the United States Supreme Court in 1956. Judge Brennan replaced Justice Sherman Minton and served the Court until David Souter followed him in 1990.  Judge Brennan was an integral part of the Supreme Court’s libertarian wing during the Warren Court era 1953–1969.  This Court’s rulings addressed such issues as school desegregation, separation of church and state, and freedom of expression. And   a libertarian would tend to favor the individual in any conflict with the government; would tend to favor state governments over the federal government and tend to favor the legislature over the executive.  Judge interpreted the Bill of Rights and the Civil War amendments for landmark speech and press cases and held a great dedication to the freedoms of the First Amendment. He was perhaps the most devout anti-establishmentarian of the Court who championed for the rights of the free exercise of religion, promoting the absolute separation of Church and State. And with equal consistency he resorted to judicial policy-making, and to judicial legislating to become the watchdog advocate on the egalitarian front for matters of race and gender equality.   He would more often than not succeed in finding a fifth vote to provide victory for claims of invidious discrimination, even to the extent of embracing racial – quotas – giving rise to allegations of  him supporting  ‘reverse discrimination.’” He was especial known for being the intellectual leader of the movement towards expanded individual and civil rights, Chief Justice of the United States Supreme Court William Brennan fundamentally changed the High Court’s approach toward understanding the United States Constitution.



 

John


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